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Published byTaliyah Norrington Modified over 9 years ago
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SOURCES OF PROCEDURAL LAW
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Key words: Fundamental concepts Legitimacy/validity legal rules Statutes Custom General Principles Case Law
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Meaning of Sources of Procedural Law Foundation or fundamental concepts that allow us to judge the legitimacy and validity of legal rules that procedural law comprises. Article 1 to 7 Civil Code: Statutes, custom, general principles and case law.
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STATUTES (LEY) 1. Spanish Constitution: Judges are bound in their judicial function by their provisions. 2. LOPJ. Civil PC. Criminal PC.
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CUSTOM Is never a source of Procedural Law: – Rules of Public Nature. – Principle of legality. – Remember: Procedural law is instrumental from substantive law but also autonomous (application of procedural rules in time and territorial scope).
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GENERAL PRINCIPLES Second source of procedural Law. Fundamental rights Basic postulates of Justice (rigth to be heard) Historic criteria (dispositive principle)
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CASE LAW Jurisprudence issue by Supreme Court is a complementary source of interpretation but is not a source of procedural law. Jurisprudence issue by Constitutional Court is a source of procedural law only in relation to unconstitutional issues.
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